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The Benton Foundation joined Public Knowledge and 40 other consumer protection groups, digital divide advocates, and local government agencies -- including New York City -- in a letter urging Federal Communications Commission Chairman Ajit Pai to delay the vote on the “Restoring Internet Freedom” Draft Order, which would roll back the agency’s net neutrality rules if adopted. Specifically, the groups propose the FCC delay the vote until a pending court case before the U.S. Court of Appeals for the Ninth Circuit -- the en banc review in Federal Trade Commission v. AT&T Mobility -- resolves.

Groups urge this delay because the Ninth Circuit might decide that the FTC has no jurisdiction over broadband providers. If so, and if the FCC rolls back the net neutrality rules December 14, then neither the FTC nor the FCC will have the authority to regulate broadband providers. The letter states, “Rushing to a vote before the Ninth Circuit resolves this decision cavalierly risks the purported safeguards that you and other supporters of the Draft Order have repeatedly declared will protect consumers from abusive or anti-competitive practices."